(a) Zone 1 - Drinking Water Critical Impact Zone. Zone 1 is defined as the area within the 1- year time-of-travel distance mapped around all the public water supply well(s). (NOTE: This zone typically constitutes the area within about 1000 feet of a public water supply well).
(1) Encouraged uses - The following uses are encouraged within Zone 1 provided they meet the appropriate performance standards outlined in subsection (b)(3) below and are designed so as to prevent any groundwater contamination.
A. Parks, greenways, or publicly-owned recreational areas such as foot, bicycle and/or horse paths, and bridges.
B. Necessary public utilities/facilities including the construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to wells, pipelines, aqueducts, and tunnels.
C. Conservation efforts for soil, water, plants, and wildlife.
(2) Special exception - The following uses are permitted only under the terms of a special exception and must conform to provisions of the underlying zoning district and meet the performance standards outlined in subsection (b)(3) below.
Expansion of existing nonconforming uses to the extent allowed by the underlying area. The applicant should consult the local zoning plan to confirm nonconforming uses. The (zoning authority) reserves the right to review all applications and shall not grant approval unless it finds such expansion does not pose greater potential contamination of groundwater than the existing use.
(3) Prohibited uses - The following uses, unless granted a special exception, are prohibited within Zone 1, the 1-year time-of-travel zone. (NOTE: This is typically within about 1000 feet of the public water supply well).
A. Automobile body/repair shop.
B. Gas Station.
C. Fleet/trucking/bus terminal.
D. Dry cleaner.
E. Electrical/electronic manufacturing facility.
F. Machine shop.
G. Metal plating/finishing/fabricating facility.
H. Chemical processing/storage facility.
I. Wood preserving/treating facility.
J. Junk/scrap/salvage yard.
K. Mines/gravel pit.
L. Irrigated nursery/greenhouse stock.
M. Confined animal feeding operations.
N. Land divisions resulting in high density (>1 unit/acre systems).
O. Equipment maintenance/fueling areas.
P. Injection wells/dry well/sumps, except for single family residences directing gutter downspouts to a drywell.
Q. Underground storage tanks, (except those with spill, overfill, corrosion protection requirements in place).
R. All other facilities involving the collection, handling, manufacture, use, storage, transfer or disposal of any solid or liquid material or waste having potentially harmful impact on groundwater quality.
S. All uses not permitted in the underlying zone district.
(b) Zone 2 - Drinking Water Potential Impact Zone. Zone 2 (otherwise known as the 5-year time-of-travel) is established as the remainder of the Source Water Protection Area not in Zone 1, but deemed necessary to ensure adequate protection of public drinking water supplies.
(1) Permitted uses - All uses permitted in the underlying zoning areas provided that they can meet the Performance Standards as outlined for the Source Water Protection Area.
(2) Special exceptions - All special exceptions allowed in the underlying areas may be approved by the Martins Ferry (zoning authority) provided they can meet performance standards for the Source Water Protection Area.
(3) Performance standards - The following standards shall apply to uses in Zones 1 and 2 of the Source Water Protection Area:
A. Any facility involving the collection, handling, manufacture, use, storage, transfer or disposal of any solid or liquid material or wastes, unless granted a special exception either through permit or another ordinance, must have a secondary containment system which is easily inspected and whose purpose is to intercept any leak or release from the primary containment vessel or structure. Underground tanks or buried pipes carrying such materials must have double walls and inspectable sumps.
B. Open liquid waste ponds containing materials referred to in subsection (b)(3)A. above will not be permitted without a secondary containment system.
C. Storage of petroleum products in quantities exceeding 100 gallons at one locality in one tank or series of tanks must be in elevated tanks; such tanks must have a secondary containment system noted in subsection (b)(3)A. above where it is deemed necessary by the Martins Ferry Zoning Board.
D. All permitted facilities must adhere to appropriate federal and state standards for storage, handling and disposal of any hazardous waste materials.
E. An acceptable contingency plan for all permitted facilities must be prepared for preventing hazardous materials from contaminating the shallow/surficial aquifer should floods, fire, or other natural catastrophes, equipment failure, or releases occur.
1. For flood control, all underground facilities shall include but not be limited to a monitoring system and secondary standpipe above the 100 year flood control level, for monitoring and recovery. For above ground facilities, an impervious dike, above the 100 year flood level and capable of containing 100 percent of the largest volume of storage, will be provided with an overflow recovery catchment area (sump).
2. For fire control, plans shall include but not be limited to a safe fire fighting procedure, a fire retarding system effective containment of any liquid runoff, and provide for dealing safely with any other health and technical hazards that may be encountered by disaster control personnel in combating fire. Hazards to bare pipes, liquids, chemicals, or open flames in the immediate vicinity.
3. For equipment failures, plans shall include but not be limited to:
a. Below ground level, removal and replacement of leaking parts, a leak detection system with monitoring, and an overfill protection system.
b. Above ground level, liquid and leaching monitoring of primary containment systems, the replacement or repair and cleanup and/or repair of the impervious surface.
4. For any other release occurring, the owner and/or operator shall report all incidents involving liquid or chemical material to the source water protection coordinator designated by the City of Martins Ferry.
Since it is known that improperly abandoned wells can become a direct conduit for contamination of groundwater by surface water, all abandoned wells should be properly plugged to local and state regulations.
(Ord. 2007-03. Passed 1-18-07.)